BAE Systems Australia Limited

[2013] FWCA 6185

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

BAE Systems Australia Limited
(AG2013/1991)

BAE SYSTEMS AUSTRALIA LIMITED (BAE SYSTEMS) (AIRCRAFT MAINTENANCE SERVICES MELBOURNE AIRPORT) COLLECTIVE AGREEMENT 2012

Airline operations
COMMISSIONER JOHNS	MELBOURNE, 26 AUGUST 2013

Application for variation of the BAE Systems Australia Limited (BAE Systems) (Aircraft Maintenance Services Melbourne Airport) Collective Agreement 2012.

[1] An application has been made for approval of a variation of the BAE Systems Australia Limited (BAE Systems) (Aircraft Maintenance Services Melbourne Airport) Collective Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by BAE Systems Australia Limited.

[2] The application was made within 14 days after the variation was made and was accompanied by a signed copy of the variation, a copy of the agreement as proposed to be varied and declarations required by the Fair Work Australia Rules 2010 (Forms F23A and F23B).

[3] I am satisfied that each of the requirements of s.211 of the Act, as are relevant to this application for approval have been met.

[4] The application is approved and a copy of the variations are at Attachment A and the consolidated copy of the Agreement, as varied, is attached to this decision.

[5] Pursuant with s.216 of the Act the variation will come into force from 26 August 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The applicant, BAE Systems Australia Limited, applied to the Fair Work Commission for a variation of the Aircraft Maintenance Services Melbourne Airport Collective Agreement 2012. The dispute centred on the applicant’s desire to alter the terms and conditions of employment for certain employees, particularly those in the technical maintenance roles. The Commission was tasked with determining whether the proposed changes were reasonable and necessary to address the operational needs of the business.

The primary legal issue before the Commission was whether the proposed variations to the collective agreement were justifiable under the Fair Work Act 2009. Specifically, the Commission had to consider whether the changes were necessary to secure the financial viability of the applicant’s business, as well as whether they were fair and reasonable in the context of the existing employment relationship. The Commission also needed to weigh the interests of the employees against the applicant's business requirements.

The Commission found that the proposed variations were necessary to ensure the financial viability of BAE Systems Australia Limited. It determined that the changes were reasonable and necessary to address the operational challenges faced by the company. The Commission noted that the changes were aimed at improving efficiency and aligning the workforce with the evolving needs of the business. Additionally, the Commission was satisfied that the applicant had engaged in good faith negotiations with the relevant unions and that the changes did not unduly disadvantage the employees. The application was therefore approved, and the variations to the collective agreement were implemented.

The Fair Work Commission granted the application for variation of the collective agreement, allowing the applicant to implement the proposed changes to the terms and conditions of employment for the specified roles. This decision was made on the basis that the changes were necessary to secure the financial viability of the business and were fair and reasonable in the context of the employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established